Pursuant to Section 1222 of EPAct (42 U.S.C. 16421), the Secretary of Energy, acting through the Southwestern Power Administration (Southwestern) or the Western Area Power Administration (Western), has the authority to design, develop, construct, operate, own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning two types of projects: (1) Electric power transmission facilities and related facilities needed to upgrade existing transmission facilities owned by Southwestern or Western (42 U.S.C 16421(a)), or (2) New electric power transmission facilities and related facilities located within any State in which Southwestern or Western operates (42 U.S.C. 16421(b)). In carrying out either type of Project, the Secretary may accept and use funds contributed by another entity for the purpose of executing the Project (42 U.S.C 16421 (c)).
The relevant Power Marketing Administration(s) (PMAs) and the Office of Electricity Delivery and Energy Reliability (OE) will review all application materials and public comments. The PMA and OE will also consult with outside sources such as Transmission Organizations whose systems would be traversed by the proposed project. After all materials and information have been considered, the Secretary of Energy, in consultation with the Administrator of the relevant PMA and OE, will make the final determination on whether a Project meets the statutory requirements and whether the Department through the PMA(s) will participate in a Project and on what terms.
Proposals Delegated for Review in the Office of Electricity Delivery and Energy Reliability
On June 10, 2010, the Department of Energy published in the Federal Register a Request for Proposals for New or Upgraded Transmission Line Projects Under Section 1222 of the Energy Policy Act of 2005. In response, Clean Line Energy Partners, LLC submitted an application for its Plains & Eastern Clean Line project. DOE has concluded that Clean Line’s proposal was responsive to the RFP, and it is currently under consideration. The publication of the Final Environmental Impact Statement (FEIS) on the proposed Plains and Eastern Clean Line Project does not represent the Department of Energy's (DOE) final decision on whether to participate in the project. The release of the FEIS merely reflects the conclusion of DOE's environmental analysis of the proposed project in compliance with the National Environmental Policy Act. DOE is working diligently to evaluate the project. DOE has not decided whether to participate in the proposed Plains and Eastern Clean Line Project. If DOE decides to participate in the project, a Record of Decision will be posted no less than 30 days from the date of the publication of the FEIS.